Pub. L. 105-178, tit. III, sec. 3005
TRANSPORTATION IMPROVEMENT PROGRAM.
SEC. 3005. TRANSPORTATION IMPROVEMENT PROGRAM. (a) Development and Update.— The second sentence of section 5304(a) is amended— (1) by striking “the organization” and inserting “the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator,”; (2) by inserting after “employees,” the following: “other affected employee representatives, freight shippers, providers of freight transportation services,”; and (3) by inserting after “private providers of transportation,” the following: “representatives of users of public transit,”. (b) Contents.— Section 5304(b)(2) is amended by striking subparagraph (C) and inserting the following: “(C) identifies innovative financing techniques to finance projects, programs, and strategies, which may include, for illustrative purposes, additional projects that would be included in the approved transportation improvement program if reasonable additional resources beyond those identified in the financial plan were available.”. (c) Project Selection.— Section 5304(c) is amended— (1) by striking paragraph (1) and inserting the following: “(1) Except as otherwise provided in section 5305(d)(1) and in addition to the transportation improvement program development required under subsection (b), the selection of federally funded projects for implementation in metropolitan areas shall be carried out, from the approved transportation improvement program— “(A) by— “(i) in the case of projects under title 23, the State; and “(ii) in the case of projects under this chapter, the designated transit funding recipients; and “(B) in cooperation with the metropolitan planning organization.”; and (2) by adding at the end the following: “(3) Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program. “(4) Selection of projects from illustrative list.— Notwithstanding subsection (b)(2)(C), a State or metropolitan planning organization shall not be required to select any project from the 112 STAT. 346illustrative list of additional projects included in the financial plan under subsection (b)(2)(C). “(5) Publication.— (A) A transportation improvement program involving Government participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. “(B) An annual listing of projects for which Government funds have been obligated in the preceding year shall be published or otherwise made available by the metropolitan planning organization for public review. The listing shall be consistent with the categories identified in the transportation improvement program. “(6) Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program. All other projects funded under chapter 2 of title 23 shall be grouped in 1 line item or identified individually in the transportation improvement program.”.